Mental illness defence for Shepparton councillor

A defence lawyer has argued against a Shepparton councillor being sent to prison for attempting to pervert the course of justice because he's suffering from a mental condition.

Milvan Muto was found guilty by a jury in March of trying to unlawfully persuade a senior council staffer to drop a misconduct charge against him.

At a plea hearing in the Victorian County Court yesterday, Muto's lawyer tendered a psychiatric report which stated her client was suffering from an adjustment disorder with mixed anxiety and depression at the time of his offending.

She said he should be sentenced to a community corrections order and admitted to a mental health program to undergo a clinical intervention.

But Judge Gucciardo told the court he found it difficult to link Muto's condition with his offending.

He questioned how Muto could have been struck down by the condition at the time of his offending when at all other times, he was a highly functioning councillor.

The prosecutor agreed the psychiatric report didn't link Muto's offending with his medical condition and is calling for his immediate imprisonment.